Mon Dec 01 15:53:58 UTC 2025: News Article:

Madras High Court Upholds Public Space Protections, Blocks Retroactive Housing Plot Conversions

Chennai – December 1, 2025 – The Madras High Court has ruled that the Tamil Nadu government cannot retroactively reduce Open Space Reserve (OSR) areas in housing layouts, a move that safeguards public spaces like parks and schools. The decision came as the court dismissed a 2020 appeal challenging a 2019 ruling against a 2005 Government Order.

A Division Bench, consisting of Justices S.M. Subramaniam and Mohammed Shaffiq, stated that any reduction in OSR area requirements for real estate developers can only be applied prospectively. This means existing layouts approved before the reduction cannot be altered to convert allocated public lands into housing plots.

The case originated from a petition regarding the Peelamedu Industrial Workers Cooperative Housing Construction Society in Coimbatore. The society sought to convert common public lands into residential plots using the 2005 G.O., which permitted a lower OSR requirement. The court has now mandated the Coimbatore corporation to reclaim the original OSR lands as per the 1968 layout approval and maintain them for the residents’ benefit within three months. The Bench also ordered action against the cooperative society, as well as the government officials responsible for converting OSR lands into housing plots.

The court emphasized the vital importance of open spaces in residential areas, highlighting their role as “lung spaces” and areas for recreation. The decision reinforces the principle that public spaces should not be compromised for private housing gains.

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